Christopher Daniel Duntsch (born April 3, 1971) is a former American
neurosurgeon
Neurosurgery or neurological surgery, known in common parlance as brain surgery, is the medical specialty concerned with the surgical treatment of disorders which affect any portion of the nervous system including the brain, spinal cord and peri ...
who has been nicknamed Dr. D. and Dr. Death for gross
malpractice
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition,
Professionals who may become the subject of malpractice actions inc ...
resulting in the
maiming
Mutilation or maiming (from the Latin: ''mutilus'') refers to severe damage to the body that has a ruinous effect on an individual's quality of life. It can also refer to alterations that render something inferior, ugly, dysfunctional, or imper ...
of several patients' spines and two deaths while working at hospitals in the
Dallas–Fort Worth metroplex
The Dallas–Fort Worth metroplex, officially designated Dallas–Fort Worth–Arlington by the U.S. Office of Management and Budget, is a conurbated metropolitan statistical area in the U.S. state of Texas encompassing 11 counties and anchore ...
.
Duntsch was accused of injuring 33 out of 38 patients in less than two years before his license was revoked by the
Texas Medical Board The Texas Medical Board (TMB) is the state agency mandated to regulate the practice of medicine by Doctors of Medicine (MDs) and Doctors of Osteopathic Medicine (DOs) in Texas. The Board consists of 12 physician members and seven public members ap ...
. In 2017, he was convicted of maiming one of his patients and sentenced to
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
.
Early life
Christopher Duntsch was born in
Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
and spent most of his youth in
Memphis, Tennessee
Memphis is a city in the U.S. state of Tennessee. It is the seat of Shelby County in the southwest part of the state; it is situated along the Mississippi River. With a population of 633,104 at the 2020 U.S. census, Memphis is the second-mos ...
. His father, Donald, was a physical therapist and Christian missionary, and his mother, Susan, was a schoolteacher. He is a graduate of
Evangelical Christian School
Evangelical Christian School, also known as ECS, is a private, non-denominational, evangelical Christian school in Memphis and Germantown, Tennessee. It was founded in 1965 and joined Association of Christian Schools International in 1984. It ho ...
in the Cordova suburb of Memphis, where he starred in football.
Duntsch initially attended
Millsaps College
Millsaps College is a private liberal arts college in Jackson, Mississippi. It was founded in 1890 and is affiliated with the United Methodist Church.
History
The college was founded in 1889–90 by a Confederate veteran, Major Reuben Webster M ...
to play
Division III
In sport, the Third Division, also called Division 3, Division Three, or Division III, is often the third-highest division of a league, and will often have promotion and relegation with divisions above and below.
Association football
*Belgian Thir ...
college football
College football (french: Football universitaire) refers to gridiron football played by teams of student athletes. It was through college football play that American football rules first gained popularity in the United States.
Unlike most ...
Colorado State University
Colorado State University (Colorado State or CSU) is a public land-grant research university in Fort Collins, Colorado. It is the flagship university of the Colorado State University System. Colorado State University is classified among "R1: ...
. Former teammates later said that, while Duntsch trained hard, he lacked talent at the game. Duntsch returned home to attend Memphis State University (now the
University of Memphis
}
The University of Memphis (UofM) is a public university, public research university in Memphis, Tennessee. Founded in 1912, the university has an enrollment of more than 22,000 students.
The university maintains the Herff College of Engineering ...
).
Medical training
Having exhausted his football eligibility, Duntsch decided to switch to a career in medicine. Duntsch completed his undergraduate degree in 1995, then continued on to an ambitious MD-PhD program. In 2010, he completed the MD–PhD and
neurosurgery
Neurosurgery or neurological surgery, known in common parlance as brain surgery, is the medical specialty concerned with the surgical treatment of disorders which affect any portion of the nervous system including the brain, spinal cord and peri ...
residency programs at the
University of Tennessee Health Science Center
The University of Tennessee Health Science Center (UTHSC) is a public medical school in Memphis, Tennessee. It includes the Colleges of Health Professions, Dentistry, Graduate Health Sciences, Medicine, Nursing, and Pharmacy. Since 1911, the ...
, and subsequently completed a spine fellowship program at the Semmes-Murphey Clinic in Memphis.
Duntsch completed his residency having participated in fewer than 100 surgeries. Typically, neurosurgery residents participate in over 1,000 surgeries in the course of their residency. He was suspected of being under the influence of
cocaine
Cocaine (from , from , ultimately from Quechuan languages, Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly recreational drug use, used recreationally for its euphoria, euphoric effects. It is primarily obtained from t ...
while operating during his fourth year of residency training, and was sent to a program for impaired physicians. He remained there for several months before being allowed to return to the residency. Several of his friends recalled him going to work after a night of doing drugs, with one of them saying he would never allow Duntsch to operate on him.
While in Memphis, Duntsch began a long-term relationship with Wendy Renee Young. They have two sons.
Career
Initially, Duntsch focused heavily on the PhD half of his degree. His name appeared on several papers and patents, and he took part in a number of
biotech
Biotechnology is the integration of natural sciences and engineering sciences in order to achieve the application of organisms, cells, parts thereof and molecular analogues for products and services. The term ''biotechnology'' was first used b ...
startups. However, by the time he met Young, Duntsch was over $500,000 in debt. He decided to turn to neurosurgery, which can be a lucrative field. In 2010, Duntsch moved to
Dallas
Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
. He persuaded Young to come with him; Young agreed, since she had grown up in the Dallas area.
Upon applying for work, he looked extremely qualified on paper: he had spent a total of fifteen years in training (medical school, residency and fellowship), and his
was twelve single-spaced pages. Duntsch also claimed to have graduated ''magna cum laude'' from
St. Jude Children’s Research Hospital
St. Jude Children's Research Hospital is a pediatric treatment and research facility located in Memphis, Tennessee. Founded in 1962, it is a 501(c)(3) designated nonprofit medical corporation which focuses on children's catastrophic diseases, par ...
with a doctorate in
microbiology
Microbiology () is the scientific study of microorganisms, those being unicellular (single cell), multicellular (cell colony), or acellular (lacking cells). Microbiology encompasses numerous sub-disciplines including virology, bacteriology, prot ...
minimally invasive
Minimally invasive procedures (also known as minimally invasive surgeries) encompass surgical techniques that limit the size of incisions needed, thereby reducing wound healing time, associated pain, and risk of infection. Surgery by definition ...
spine surgeon with a salary of $600,000 per year, plus bonuses.
Baylor Plano
Early in his tenure at Baylor Plano, Duntsch made a poor impression on his fellow surgeons. Veteran vascular surgeon Randall Kirby recalled that Duntsch frequently boasted about his abilities despite being so new to the area. Kirby also recalled that Duntsch's skills in the operating room left much to be desired; as Kirby put it, "he could not wield a scalpel".
Several of Duntsch's surgeries at Baylor Plano resulted in severely maimed patients:
* Kenneth Fennell, the first patient Duntsch operated on at Baylor Plano, was left with chronic pain after Duntsch operated on the wrong part of his back. Due to the debilitating pain, Fennell later had a second operation by Duntsch to relieve it, and was left significantly paralyzed in his legs. Fennell required months of rehabilitation to be able to walk with a cane, and was left unable to walk for more than 30 feet or stand for more than a few minutes without having to sit down again.
* Lee Passmore, a Collin County medical investigator, experienced chronic pain and limited mobility after Duntsch cut a
ligament
A ligament is the fibrous connective tissue that connects bones to other bones. It is also known as ''articular ligament'', ''articular larua'', ''fibrous ligament'', or ''true ligament''. Other ligaments in the body include the:
* Peritoneal li ...
which was not normally touched during that particular procedure, misplaced hardware in his spine, placed a screw which kept the hardware in place in an incorrect location in his spine, and stripped the threads so it could not be removed. Even if Duntsch had not stripped the threads, he placed the screw in a location that would have caused Passmore to bleed out if it had been removed. Vascular surgeon Mark Hoyle, who assisted with the operation, later recalled that Duntsch seemed oblivious to considerable bleeding. Hoyle became so disturbed by Duntsch's actions that at one point he physically restrained him. He later told Duntsch to his face that he was dangerous. Duntsch's behavior led Hoyle to wonder about his sanity.
* Barry Morguloff, the owner of a pool service company, was left with bone fragments in his spinal canal after Duntsch tried to pull a damaged disc out of his back with a grabbing tool. Duntsch initially refused to give Morguloff any pain medicine, claiming Morguloff was a "drug seeker". Morguloff eventually lost most of the function on his left side and required a wheelchair. Kirby assisted with the surgery and recalled Duntsch continued making mistakes even after having the correct anatomy pointed out to him. Morguloff later recalled that he walked out on a follow-up visit with Duntsch when Duntsch displayed clear signs of being
inebriated
Alcohol intoxication, also known as alcohol poisoning, commonly described as drunkenness or inebriation, is the negative behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main ps ...
.
* Jerry Summers, a longtime friend of Duntsch's, came to Plano to have two neck vertebrae fused. During the operation, after Duntsch botched the removal of the disk, Summers was rendered a
quadriplegic
Tetraplegia, also known as quadriplegia, is defined as the dysfunction or loss of motor and/or sensory function in the cervical area of the spinal cord. A loss of motor function can present as either weakness or paralysis leading to partial or t ...
. Duntsch performed a second surgery and packed the space with a large amount of gel foam, constricting the spinal cord. The anesthesiologist who worked on the surgery recalled that Summers lost almost 1,200 milliliters of blood, more than a fifth of his blood volume and almost 24 times the typical amount of blood lost in a spinal fusion. The nurses and other staffers who took part in the surgery fully expected Summers to have revision surgery, but Duntsch refused to do it. Summers later stated that he and Duntsch had used cocaine the night before his surgery. Despite his passing a drug test, Baylor Plano officials were concerned enough to force Duntsch on leave pending a peer review. While Duntsch was cleared to resume operating while the review was underway, hospital officials asked him to limit himself to minor surgeries until it was complete. Summers subsequently admitted the cocaine claim was untrue, and said he was upset that Duntsch refused to check on him. Summers remained a quadriplegic for the rest of his life; he died in 2021 of an infection related to complications from Duntsch's operation.
* Kellie Martin was undergoing a routine back operation when Duntsch cut through her spinal cord and severed an artery. Duntsch continued operating despite clear signs that Martin was losing massive amounts of blood. He refused to abort the surgery even after a trauma surgeon colleague and an anesthesiologist warned him about the blood loss. He refused to acknowledge anything was wrong, hindering the ICU team's efforts to save her. When Martin awoke from anesthesia, she was screaming and clawing at her legs, forcing the ICU team to re-anesthetize her. Duntsch also stayed out in the ICU waiting room writing notes rather than attending his patient, even after Martin went into
hemorrhagic
Bleeding, hemorrhage, haemorrhage or blood loss, is blood escaping from the circulatory system from damaged blood vessels. Bleeding can occur internally, or externally either through a natural opening such as the mouth, nose, ear, urethra, vagi ...
cardiac arrest. Martin ultimately bled to death.
Baylor Plano officials found that Duntsch failed to meet their standards of care and permanently revoked his surgical privileges. The hospital initiated another peer review, but Duntsch resigned rather than face certain termination. To avoid the costs of fighting and possibly losing a wrongful termination suit, hospital officials reached a deal with Duntsch's lawyers in which Duntsch was allowed to resign in return for Baylor Plano issuing a letter stating that there were no issues with him. Had Duntsch been fired, Baylor Plano would have been required to report him to the
National Practitioner Data Bank
The National Practitioner Data Bank ("the NPDB") is a database operated by the U.S. Department of Health and Human Services that contains medical malpractice payment and adverse action reports on health care professionals. Hospitals and state licen ...
(NPDB), which is intended to flag problematic physicians.
Dallas Medical Center
Duntsch moved to Dallas Medical Center in
Farmers Branch
Farmers Branch, officially the City of Farmers Branch, is a city in Dallas County, Texas, United States. It is an inner-ring suburb of Dallas and is part of the Dallas–Fort Worth metroplex. Its population was 28,616 at the 2010 census.
Known as ...
, where he was granted temporary privileges until hospital officials could obtain his records from Baylor Plano. However, red flags surfaced early on, as nurses wondered if Duntsch was under the influence of drugs while on duty. For instance, he came to work wearing the same tattered scrubs for three days in a row. He lasted for less than a week before administrators pulled his privileges after the death of a patient, Floella Brown, and the maiming of another, Mary Efurd.
Duntsch had severed Brown's
vertebral artery
The vertebral arteries are major arteries
An artery (plural arteries) () is a blood vessel in humans and most animals that takes blood away from the heart to one or more parts of the body (tissues, lungs, brain etc.). Most arteries carry o ...
, and refused to abort despite the massive blood loss. He then packed it with too much of a substance intended to stop the bleeding. She suffered a stroke as a result. Duntsch did not respond to messages from the hospital for a few hours, then the next day scheduled an elective surgery on Efurd rather than care for Brown. Hospital officials were exasperated when Duntsch refused to delay Efurd's surgery, and asked him multiple times to care for Brown or transfer her out of his care. Duntsch suggested drilling a hole in Brown's head to relieve the pressure, but was refused permission. Not only was he not qualified for and held no privileges to perform brain surgery, but Dallas Medical did not have the proper equipment or personnel for such an operation. Brown was left in a coma for hours before Duntsch finally acquiesced to her transfer. By this time, however, Brown was brain dead.
While operating on Efurd, Duntsch severed one of her nerve roots during spinal fusion surgery while operating on the wrong portion of her back, twisted a screw into another nerve, left screw holes on the opposite side of her spine, failed to remove the disc he was supposed to remove, and left surgical hardware in her muscle tissue so loose that it moved when touched. Despite several warnings from his colleagues that he wasn't doing the surgery correctly and was attempting to put screws into muscle rather than bone, Duntsch persisted. Efurd was left paralyzed. She later recalled waking up feeling "excruciating pain", a "ten-plus" on a scale of 1 to 10. Several people who were in the operating room for Efurd's surgery suspected that Duntsch might have been intoxicated, recalling that his pupils were dilated.
Longtime spine surgeon Robert Henderson performed the salvage surgery on Efurd. When Henderson saw the imaging from Duntsch's surgery, he was certain that there would be legal action, and had the salvage surgery recorded. He likened what he found when he opened Efurd up to the results of a child playing with
Tinkertoy
The Tinkertoy Construction Set is a toy construction set for children. It was designed in 1914—six years after the Frank Hornby's Meccano sets—by Charles H. Pajeau, who formed the Toy Tinker Company in Evanston, Illinois to manufactu ...
s or an
erector set
Erector Set (trademark styled as "ERECTOR") was a brand of metal toy construction sets which were originally patented by Alfred Carlton Gilbert and first sold by his company, the Mysto Manufacturing Company of New Haven, Connecticut in 1913. In ...
. Henderson described Duntsch's surgery as an "assault", and concluded that Efurd would have been bedridden had the salvage surgery not been performed.
Henderson later recalled wondering if Duntsch was an impostor; he could not believe that a real surgeon would botch Efurd's surgery so badly. He felt that anyone with a basic knowledge of human anatomy would know that he was operating in the wrong area of Efurd's back. Henderson sent Duntsch's picture to the University of Tennessee to determine whether he actually had a degree from that institution and received confirmation that Duntsch, in fact, did. He called Duntsch's fellowship supervisor in Memphis, as well as the supervisor of Duntsch's residency; it was then that he learned about the incident that led him to be referred to the impaired physician program.
Despite both of his surgeries at Dallas Medical Center going catastrophically awry, hospital officials did not report him to the NPDB. At the time, hospitals were not required to report doctors who only had temporary privileges.
Other hospitals
After leaving Dallas Medical Center, Duntsch received privileges at South Hampton Community Hospital in Dallas, and also took a job at an outpatient clinic named Legacy Surgery Center (now Frisco Ambulatory Surgery Center) in Frisco. While there, he damaged patient Jeff Cheney's spinal cord, leaving him without feeling on the right side of his body. He damaged patient Philip Mayfield's spinal cord, drilling into it and leaving him partially paralyzed from the neck down. After undergoing physical rehabilitation, Mayfield was able to walk with a cane but continued to experience paralysis on the right side of his body and in his left arm. He also reported shooting pains throughout his body. Mayfield died of
COVID-19
Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
in February 2021; according to his wife, he had been vulnerable to the virus due to complications caused by Duntsch's botched surgeries.
While attempting to remove degenerated discs in Marshall "Tex" Muse's back, Duntsch left surgical hardware floating between the spine and muscle tissue. Muse woke up in considerable pain, but Duntsch convinced him it was normal. He then prescribed Muse so much
Percocet
Oxycodone/paracetamol, sold under the brand name Percocet among others, is a fixed-dose combination of the opioid oxycodone with paracetamol (acetaminophen), used to treat moderate to severe pain.
In 2020, it was the 69th most commonly prescri ...
that a pharmacist refused to fill the prescription. Muse spiraled into opioid addiction that cost him his wife and his job. He later recalled that he read about Martin's death on the day before the surgery, but Duntsch cursed him out when he called to ask about it. While operating on Jacqueline Troy, Duntsch cut one of her vocal cords and an artery, and also damaged her trachea. Troy was left barely able to speak above a whisper, had to be sedated for weeks, and had to be fed through a feeding tube for some time as food was getting into her lungs. Despite this, Duntsch was retained by South Hampton when new owners bought it and renamed it University General Hospital.
When Duntsch applied for privileges at Methodist Hospital in Dallas, the hospital queried the NPDB. Soon afterward, he severely maimed Jeff Glidewell after mistaking part of his neck muscle for a
tumor
A neoplasm () is a type of abnormal and excessive growth of tissue. The process that occurs to form or produce a neoplasm is called neoplasia. The growth of a neoplasm is uncoordinated with that of the normal surrounding tissue, and persists ...
during a routine cervical fusion, severing one of his
vocal cords
In humans, vocal cords, also known as vocal folds or voice reeds, are folds of throat tissues that are key in creating sounds through vocalization. The size of vocal cords affects the pitch of voice. Open when breathing and vibrating for speech ...
, cutting a hole in his
esophagus
The esophagus (American English) or oesophagus (British English; both ), non-technically known also as the food pipe or gullet, is an organ in vertebrates through which food passes, aided by peristaltic contractions, from the pharynx to the ...
and slicing an artery. Duntsch stuffed a surgical sponge in Glidewell's throat to stanch the bleeding. However, he closed Glidewell with the sponge in place despite others in the operating room warning him about it. The sponge triggered a severe blood-borne infection that caused Glidewell to become septic. When other doctors discovered the sponge, Duntsch refused to return to help remove it. After several days, Kirby was brought in to repair the damage, and later described what he found after opening Glidewell back up as the work of a "crazed maniac". He later told Glidewell that it was clear Duntsch had tried to kill him. Glidewell was left with only one vocal cord, permanent damage to his esophagus, and partial paralysis on his left side. Kirby claimed that it looked as if Duntsch had tried to
decapitate
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
Glidewell, and contended that such a botched surgery "has not happened in the United States of America" before. Glidewell was reportedly still suffering the ill effects of Duntsch's operation years later, and has undergone more than 50 procedures to correct the damage. At one point, he was only able to eat small bites of food at one time. He proved to be Duntsch's last surgery; University General pushed him out soon afterward.
Medical license revoked
Kirby wrote a detailed complaint to the
Texas Medical Board The Texas Medical Board (TMB) is the state agency mandated to regulate the practice of medicine by Doctors of Medicine (MDs) and Doctors of Osteopathic Medicine (DOs) in Texas. The Board consists of 12 physician members and seven public members ap ...
, calling Duntsch a "
sociopath
Psychopathy, sometimes considered synonymous with sociopathy, is characterized by persistent antisocial behavior, impaired empathy and remorse, and bold, disinhibited, and egotistical traits. Different conceptions of psychopathy have been u ...
" who was "a clear and present danger to the citizens of Texas." Under heavy lobbying from Kirby and Henderson, the Texas Medical Board suspended Duntsch's license on June 26, 2013. The lead investigator on the case later revealed that she wanted Duntsch's license suspended while the ten-month probe was underway, but board attorneys were not willing to go along. Board chairman Irwin Zeitzler later said that complications in neurosurgery were more common than most laymen believe, and it took until June 2013 to find the "pattern of patient injury" required to justify suspending Duntsch's license. He added that many board members found it hard to believe that a trained surgeon could be as incompetent as Duntsch appeared to be.
The board called in veteran neurosurgeon Martin Lazar to review the case. Lazar was scathingly critical of Duntsch's work. For instance, he upbraided him for missing the signs that Martin was bleeding out, saying that, "You can't not know
hat
A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...
and be a neurosurgeon." The Texas Medical Board revoked Duntsch's license on December 6, 2013. Texas Medical Board Revocation Order.
Duntsch moved to
Denver
Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...
, Colorado, and went into a downward spiral. He declared bankruptcy after listing debts of over $1 million. He was arrested for
DUI
Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
in Denver, taken for a
psychiatric evaluation
Psychological evaluation is a method to assess an individual's behavior, personality, cognitive abilities, and several other domains. A common reason for a psychological evaluation is to identify psychological factors that may be inhibiting a pers ...
in Dallas during one of his visits to see his children, and was arrested in Dallas for
shoplifting
Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...
.
Lawsuits
In March 2014, three former patients of Mary Efurd, Kenneth Fennel, and Lee filed separate federal lawsuits against Baylor Plano, alleging the hospital allowed Duntsch to perform surgeries despite knowing that he was a dangerous physician.
Texas Attorney General
The Texas attorney general is the chief legal officer of the and current Governor
Greg Abbott
Gregory Wayne Abbott (born November 13, 1957) is an American politician, attorney, and former jurist serving as the 48th governor of Texas since 2015. A member of the Republican Party (United States), Republican Party, he served as the 50th Tex ...
filed a motion to intervene in the suits to defend Baylor Plano, citing the Texas legislature's 2003 statute that placed a medical malpractice cap of $250,000 and removed the term "gross negligence" from the definition of legal malice. The suit alleged that Baylor Plano made an average net profit of $65,000 on every spinal surgery performed by Duntsch.
Criminal charges
Henderson and Kirby feared that Duntsch could move elsewhere and still theoretically get a medical license. Convinced that he was a clear and present danger to the public, they urged the
Dallas County Dallas County may refer to:
Places in the USA:
* Dallas County, Alabama, founded in 1818, the first county in the United States by that name
* Dallas County, Arkansas
* Dallas County, Iowa
* Dallas County, Missouri
* Dallas County, Texas, the nint ...
district attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
's office to pursue criminal charges. The inquiry went nowhere until 2015, when the
statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...
on any potential charges was due to run out. Part of the problem was being able to prove that Duntsch's actions were willful as defined by Texas law. After interviewing dozens of Duntsch's patients and their survivors, prosecutors concluded that Duntsch's actions were indeed criminal, and nothing short of imprisonment would prevent him from practicing medicine again.
As part of their investigation, prosecutors obtained a December 2011 email in which Duntsch boasted that he was "... ready to leave the love and kindness and goodness and patience that I mix with everything else that I am and become a cold-blooded killer."
ADA
Ada may refer to:
Places
Africa
* Ada Foah, a town in Ghana
* Ada (Ghana parliament constituency)
* Ada, Osun, a town in Nigeria
Asia
* Ada, Urmia, a village in West Azerbaijan Province, Iran
* Ada, Karaman, a village in Karaman Province, Tur ...
Michelle Shughart, who led the prosecution of Duntsch, later recalled that Henderson, Kirby, and Lazar contacted her demanding to testify against Duntsch; according to Shughart, doctors almost never testify against each other. In an article for ''The Texas Prosecutor,'' the journal of the Texas District and County Attorneys Association, Shughart and the other members of the trial team recalled that their superiors were initially skeptical when they presented the case, but eventually found themselves in "overwhelming disbelief" that a surgeon could do what Duntsch was accused of doing. As the trial team put it, the "scary pattern" of Duntsch's actions became apparent to the others in the office, leading the DA to give the green light to take the case to a grand jury.
Arrest and prosecution
In July 2015, approximately a year and a half after his license was revoked, Duntsch was arrested in Dallas and charged with six
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
counts of
aggravated assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
with a deadly weapon, five counts of aggravated assault causing serious bodily injury, and one count of injury to an elderly person. The indictments were made four months before the
statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...
were to run out.
The last charge was for the maiming and paralyzing of Efurd. Prosecutors put a high priority on that charge, as it provided the widest sentencing range, with Duntsch facing up to life in prison if convicted. They also believed that charge would be easy to prove in court; Duntsch had been told repeatedly that he was not placing the hardware in the correct position, and
fluoroscopy
Fluoroscopy () is an imaging technique that uses X-rays to obtain real-time moving images of the interior of an object. In its primary application of medical imaging, a fluoroscope () allows a physician to see the internal structure and functio ...
images from Efurd's surgery proved this. Prosecutors sought a sentence long enough to ensure that Duntsch would never be able to practice medicine again. For the same reason, prosecutors opted to try Duntsch for Efurd's maiming first. He was held in the Dallas County jail for almost two years until the case went to trial in 2017. By this time, Duntsch was almost penniless, and the judge had to appoint a lawyer for him.
Shughart argued that Duntsch should have known he was likely to hurt others unless he changed his approach, and that his failure to learn from his past mistakes demonstrated that his maiming of Efurd was intentional. Prosecutors also faulted Duntsch's employers for not reporting him. They argued that Duntsch was motivated to continue operating because the lucrative salary of a neurosurgeon would solve his mounting financial problems.
Over objections from Duntsch's lawyers, prosecutors called many of Duntsch's other patients to the stand in order to prove that his actions were intentional. According to his lawyers, Duntsch had not realized how poorly he had performed as a surgeon until he heard the prosecution experts tell the jury about his many blunders on the operating table. Duntsch's defense blamed their client's actions on poor training and lack of oversight by the hospitals. Shughart countered that the 2011 email, sent after his first surgeries went wrong, proved that Duntsch knew his actions were intentional.
After 13 days of trial, the jury needed only four hours to convict him for the maiming of Efurd. On February 20, 2017, he was sentenced to life in prison. On December 10, 2018, the
Texas Court of Appeals
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from district and county courts, criminal and civil, go to one of the fourteen intermediate courts of appeals, with one exception: death penalty cases. ...
affirmed Duntsch's conviction by a 2–1 split decision. On May 8, 2019, the
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges.
Article V of ...
refused Duntsch’s petition for discretionary review. The four hospitals that employed Duntsch have ongoing civil cases against him.
Huntsville
Huntsville is a city in Madison County, Limestone County, and Morgan County, Alabama, United States. It is the county seat of Madison County. Located in the Appalachian region of northern Alabama, Huntsville is the most populous city in th ...
. He is not eligible for parole until 2045, when he will be 74 years old.
Reactions
The conviction of Duntsch has been called a precedent-setting case, as it is believed to be the first time that a physician has been convicted on criminal charges for actions in the course of their medical work. The Dallas County district attorney's office called it "a historic case with respect to prosecuting a doctor who had done wrong during surgery."
The director of neurosurgery at
UT Southwestern
The University of Texas Southwestern Medical Center (UT Southwestern or UTSW) is a public academic health science center in Dallas, Texas. With approximately 18,800 employees, more than 2,900 full-time faculty, and nearly 4 million outpatient vis ...
, Carlos Bagley, testifying for the defense, said that "the only way this happens is that the entire system fails the patients." A neurosurgery expert for Duntsch's defense team himself said, "The conditions which created Dr.Duntsch still exist, thereby making it possible for another to come along."
In popular culture
Wondery
Wondery is an American podcast network and publisher of numerous award-winning podcasts, including Dirty John, Dr. Death, and The Shrink Next Door. Wondery was founded in 2016 by entrepreneur and media executive Hernan Lopez. The company was lau ...
Media launched a ten-episode podcast series named '' Dr. Death'', focusing on Duntsch.
'' Dr. Death'', a TV mini-series based on the podcast, began streaming on
Peacock
Peafowl is a common name for three bird species in the genera ''Pavo (genus), Pavo'' and ''Afropavo'' within the tribe Pavonini of the family Phasianidae, the pheasants and their allies. Male peafowl are referred to as peacocks, and female pea ...
on July 15, 2021. It stars
Joshua Jackson
Joshua Carter Jackson (born June 11, 1978) is a Canadian-American actor. He is known for his starring role as Charlie Conway in '' Mighty Ducks'', as Pacey Witter in The WB teen drama series ''Dawson's Creek'' (1998–2003), Peter Bishop in the ...
as Duntsch,
Alec Baldwin
Alexander Rae Baldwin III (born April 3, 1958) is an American actor, comedian, and producer. In his early career, Baldwin played both leading and supporting roles in a variety of films such as Tim Burton's ''Beetlejuice'' (1988), Mike Nichol ...
as Robert Henderson,
Christian Slater
Christian Michael Leonard Slater (born August 18, 1969) is an American actor and producer. He made his film debut with a leading role in ''The Legend of Billie Jean'' (1985) and gained wider recognition for his breakthrough role as Jason "J.D." D ...
as Randall Kirby and
AnnaSophia Robb
AnnaSophia Robb (born December 8, 1993) is an American actress, model, and singer. She began as a child actress on television, making her leading debut as the titular role in '' Samantha: An American Girl Holiday'' (2004). She made her feature ...
as Michelle Shughart. A follow-up docuseries, ''Dr. Death: The Undoctored Story'', was later released on
Peacock
Peafowl is a common name for three bird species in the genera ''Pavo (genus), Pavo'' and ''Afropavo'' within the tribe Pavonini of the family Phasianidae, the pheasants and their allies. Male peafowl are referred to as peacocks, and female pea ...
on July 29, 2021, featuring interviews with some of Duntsch's patients and colleagues, as well as with Henderson, Kirby and Shughart.
In 2019, Duntsch was the focus of the premiere episode of ''License to Kill'',
Oxygen
Oxygen is the chemical element with the symbol O and atomic number 8. It is a member of the chalcogen group in the periodic table, a highly reactive nonmetal, and an oxidizing agent that readily forms oxides with most elements as wel ...
's series on criminal medical professionals. In 2021, he was profiled on
CNBC
CNBC (formerly Consumer News and Business Channel) is an American basic cable business news channel. It provides business news programming on weekdays from 5:00 a.m. to 7:00 p.m., Eastern Time, while broadcasting talk sho ...
's ''
American Greed
''American Greed'' (also known as ''American Greed: Scams, Scoundrels and Scandals'' and as ''American Greed: Scams, Schemes and Broken Dreams'') is an American documentary television series on CNBC. The series focuses on cases of Ponzi schemes, ...
''.
See also
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Harold Shipman
Harold Frederick Shipman (14 January 1946 – 13 January 2004), known by the public as Doctor Death and to acquaintances as Fred Shipman, was an English general practitioner and serial killer. He is considered to be one of the most prolif ...
*
Jayant Patel
Jayant Mukundray Patel (born April 10, 1950 ) is an Indian-born American surgeon who was accused of gross negligence whilst working at Bundaberg Base Hospital in Queensland, Australia. Deaths of some of Patel's patients led to widespread publici ...
*
Michael Swango
Michael Joseph Swango (born October 21, 1954) is an American serial killer and licensed physician who is estimated to have been involved in as many as 60 fatal poisonings of patients and colleagues, although he admitted to only causing four deat ...